Compliance requirements
A tenderer may be excluded if it or a person authorised to represent, manage or control it has a relevant final conviction within the previous five years, or remains subject to an exclusion period, for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or child labour or human trafficking. Exclusion grounds also include unpaid taxes or social security contributions; bankruptcy, insolvency, liquidation, creditor arrangements, court or liquidator administration, or suspended business activities; serious professional misconduct; breaches of environmental, social or labour obligations; agreements intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unremediable competitive advantage; and serious or persistent failures under previous contracts, including early termination, damages or comparable sanctions.
A tenderer may also be excluded for submitting false information, withholding required information, failing to provide requested supporting documents, improperly seeking confidential information or otherwise influencing the contracting authority’s decisions. National grounds include enabling a foreign national to work without a legal basis or in breach of employment conditions, entering into a contract in violation of international or Estonian sanctions, and relevant tax-related convictions. The tax-arrears threshold is stated as EUR 0; the notice explains that a tax-debt certificate is not issued for debt below EUR 100, excluding interest not established by an administrative act, or where payment has been rescheduled. Where permitted, the tenderer may provide evidence of measures taken to restore its reliability.